ABC Invokes First Amendment In 'Bachelor' Racism Lawsuit

ABC says allegations that The Bachelor and The Bacheloretteare racist are “demonstrably false and unsupportable.” In a motion filed yesterday (read it here) seeking dismissal of the April 18 lawsuit against the shows, their producers and the network, ABC said the lawsuit “violates the First Amendment, which protects Defendants’ creative choices concerning the content — including the casting — of the television series that they produce and broadcast to the public.” The network goes on to cite legal precedent to say “it is well settled that ‘[e]ntertainment, as well as political and ideological speech, is protected’ fully by the First Amendment.” Back in April, football players Nathaniel Claybrooks and Christopher Johnson filed a class-action lawsuit against the reality shows for racial discrimination. The suit stated that over the course of both series a person of color has never been the finalist or the one picking their potential mate on the shows. The duo, both African-Americans who unsuccessfully auditioned to be on The Bachelor, named ABC, Bachelor executive producer and Bachelorette creator Michael Fleiss, Warner Horizon Television, Next Entertainment, and NZK Productions as defendants.

In its 25-page motion yesterday, ABC also named shows such as Grey’s Anatomy, Modern Family and the now-ended Desperate Housewives as proof the network is committed to diversity in its programming. The network said Claybrooks and Johnson’s suit “is about Plaintiffs’ attempt to communicate their preferred message to the public by controlling the content and casting of Defendants’ television series.” ABC said that it shared Claybrooks and Johnson’s desire to reduce bias and prejudice but “allowing litigants to petition courts to control the editorial message of television programming would call into question the legality of a host of networks targeting a specific demographic or audience.” Claybrooks and Johnson are represented by Nashville firms Barrett Johnston, Mehri & Skalet and Perkins-Law. LA’s Mitchell Silberberg & Knupp and Nashville’s Miller & Martin PLLC represent ABC.

25 Comments

Anonymous • on Jun 29, 2012 10:48 am

ABC and Fleiss should just admit that they don’t want any blacks on the show because they think their ratings are dependent on white viewers. This is obvious racial discrimination. I hope the NAACP gets involved. Jesse Jackson should lead a protest march in front of ABC in Burbank and in NYC.

Anonymous Too • on Jun 29, 2012 10:48 am

So, does this mean that we can/should sue, protest, march against those – programers, networks, etc. – others of all other colors & religions if we’re excluded from their shows? There ARE alternatives… like launch your own shows which exclude whites. Maybe then you’ll be happy?

Ghost of Tom Joad • on Jun 29, 2012 10:48 am

Launch your own shows? Easier said than done.

Anonymous Too • on Jun 29, 2012 10:48 am

So is getting NAACP involved, Jesse Jackson leading a protest march in front of ABC in Burbank and in NYC easier said than done. Duh.

Eric • on Jun 29, 2012 10:48 am

So if they can get civil rights groups to protest, they should also be able to start their own show? What a terrible argument.

Sam • on Jun 29, 2012 10:48 am

This is just an extension of Shonda Rhines Twitter re “Bun Heads” where she said “couldn’t there just be one person of color on the show so I can feel good about my child watching it”…
Stop complaining and do the work and if you are great your time will come..that’s a lesson life teaches

bobweaver • on Jun 29, 2012 10:48 am

i’ve tuned in for a few episodes this year, watching with my gf, and it didn’t take me long to wonder why there weren’t any Black or Hispanic (or Asian for that matter) guys on the show? and, if it’s true that it’s ongoing ‘problem,’ then yes, i’m curious to know why that’s been the case.

The show / show producer are coming off as racist. This show has been on the air for how many seasons and there hasn’t been a single person of color (who has been the Bachelor or Bachelorette)… doesn’t that seem a bit odd to anyone? You can’t tell me that not one person of color could or wanted to be a Bachelor or Bachelorette?

sameoldsame • on Jun 29, 2012 10:48 am

Welcome to Hollywood.

Chicago Charm • on Jun 29, 2012 10:48 am

Bachelor producers don’t want non-white bachelors on their show. So what. Actually…you know, there’s this great thing called YouTube, I saw it the other day. You can produce your own content with really low budgets and decent production value, AND, if enough people watch it guess what? Hollywood notices!

Sorry • on Jun 29, 2012 10:48 am

There are far too many black people playing professional football and basketball. Who do I sue?

Anonymous • on Jun 29, 2012 10:48 am

You can’t sue anyone because sports is based solely on athletic ability. If black athletes are faster and stronger and better than you are that’s too bad for you.

alan • on Jun 29, 2012 10:48 am

i am going to sue bet and many other networks since they dont star whites for the most part. omg get over yourself…they pick past finalists for the next season..nope so far no white has picked a black..welcome to reality…someday it will happen. and yes ratings would drop if a black starred..thats reality too. you know the old hollywood line dontcha: give them what they want.

Luptid • on Jun 29, 2012 10:48 am

They don’t HAVE to pick finalist. Also, the fact that there aren’t a log of ethnic contestants is something to think of as well. I see this as a circumstance of casting for ratings. It is what it is.

Ronald J Riley • on Jun 29, 2012 10:48 am

After watching the black versus Hispanic racist PR campaign I find it hard to to have much sympathy for a claim like this one. I am sure that if the two clowns who are making these claims have the necessary expertise and talent that they could bring their own show to market. To do so they will need to appeal to a broad market. All media is interested in doing is making money. Show them they will make money and there will be a show.

Blah • on Jun 29, 2012 10:48 am

Caucasian generics

patricia • on Jun 29, 2012 10:48 am

I am getting so tired of everytime some “black” doesn’t get what he wants…everyones racist? Shut up! Find another cop-out! Getting tired of you complaining…You’ve actually made producers wary to hire you if you’re this much trouble.You’re your own worst enemy…,Maybe these two guys just don’t measure up.Nothing to do with race? ..Why are you dividing people instead of bringing them together.

Luptid • on Jun 29, 2012 10:48 am

You need to raise your tolerance level for valid points. I don’t think it’s fair to say “shut up”, or use the term “cop-out”. You don’t know those people or what they have been through. No, I don’t think that they are calling racist because they didn’t get what they wanted. That’s ridiculous. They are pointing out a LONG HISTORY and a pattern in the show’s casting. If anything, they have brought issues in casting these shows to the surface. The problem is not why these two guys didn’t get on the show. The problem is whether or not they would have even been considered due to their race. Let’s be honest. ABC is about ratings and that’s understandable but if any comments correspondence says otherwise, they may have something to answer about. lol

Rogue • on Jun 29, 2012 10:48 am

Also, are there any white women in the Basketball Wives?

sweet dick willie • on Jun 29, 2012 10:48 am

LOL there are MANY white Basketball Wives.

In fact there are MANY white women sleeping with black men in general ;)

Luptid • on Jun 29, 2012 10:48 am

Yes, Suzie Ketcham, NEXT?

luke cage • on Jun 29, 2012 10:48 am

Lol, Hollywood liberal elites indeed.

Guy • on Jun 29, 2012 10:48 am

Everyone is mad.

“We are tired of black complaints!”

(Yeah… I am sure that you are.)

“We want equal representation on white shows!”

(Because, let’s face it, they are white shows. Lol. Let it go.)

“How come so many blacks in basketball and football?”

(Why so many in Hockey, Rugby, Equestrian, Golf, list goes on..?)

UNITED WE STAND, DIVIDED WE FALL.

“I HATE OBAMA AND HIS OBAMACARE! I want a white entertainment Television channel!”

(Sorry, I had to throw that in. Lol.)

So much division, it is amazing that we are still standing.

Margie • on Jun 29, 2012 10:48 am

Maybe the network screens the bachelor or bachelorett before filming to see if they object to a person of another color. Could be just a matter of personal choice.